The herald. (Big Stone City, Dak. [S.D.]) 1883-1890, 1887-02-11
Black Hills Justice.
Bismarck Tribune.

A case has just been decided by
Judge Thomas at Dead .ood which
will be of general interest in every
county in the territory. 1t regards
the provisions Of the especial act of
Congress passed last July prohibiting
an excess Of Indebtedness in any coun-
ty over four per cent. OF It's last asses
ments. AS this act declares that all
bonds or obligations issued in excess
of such stated amount shall be void,
the authority for the payment of the
necessary running expenses Of the
counties that had passed the limit was
obtained to-day. The Indebtedness Of
Lawrence county had exceeded the
limit, and the county commissioners
refused to audit, allow, and issue war
rants for the payment OF the services
Of its sheriff for the last five months
of the year. 1t was to All appeal from
this action that the decision was given
The following is clipped from Judge
Thomas decision:
| must confess that at the threshold
of this investigation | was seemingly
hedged about by the intleNlble and APP
parently lnsurmountable provisions of
the act of congress referred to and on
which it is relied 10y counsel for re-
spondent to defeat the claim of the
claim of the appellant; and during the
a - ,r1 49,
ly been made to occupy that narrow
strip of territory that ls said to inter
vene between his satanic majesty and
and the deep blue sea, and at times
the way Of escape therefrom and the
unpleasant consequences incident
thereto, IS not rs clear or as plain as a
beaten highway.
hold that the claim Of the appellant
Is not debt III the ordinary sense Of
the word-not incurred by the county
or commissioners, the financial agent
OF the county-but it is /. debt placed
upon the county without its consent
| by operation of 4 law III existence pre-
vlons to the passage Of the act by con-
gress. | do not mean to hold that the
| commissioners Of this county have
any right or power to incur any in
|debtedness whatever, think that
when the law imposes 4 duty upon the
officers Of 4 county for the purpose Of
protecting society AMI maintaining
peace and good order, and prescrihes
i severe penalty against such officers
!. for failure to discharge such duties,
and fixes his fees and emalnmeats for
such services, and imposes upon such
q county the obligation to defray
the expenses thereto, they must pay
the necessary expenses imposed upon
them hy the operation Of such law.
But under the provisions of the acts
j Of congress herein cited, an Of tile
lsueA necessary expenses. | an free
to admit that It IS possible that tAe
court III hanc may take a different
view Of the question. but viewing il
4. ! DO, | cannot give to the act OF COZ
gress a construction that would result
SO dlsastrously to the welfare, happl.
ness, peace and good order Of the com.
Iof the nlted States who are 50 unfoI.
tunate AS to have exceeded the inaeht
edness limited to them by the act an-
der consld Grafton. 70 10 SO. IS | have
said before, would be to hold that con
gress was either grossly ignorant OF
the condition of the counties Of the
territories or has been guilty OF pass
ing a reckless, unreasonable and al.
surd statute.